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swetha (Lecturer)     08 June 2010

Divorce from His wife

He is 30 years old he got marriage 2 years 3 months back. He is not interested to living with her due some problems. He wants to take a divorce. But She is not interested to give the divorce. From the past 2 years ie from marriage day onwards they havnt in s*xual life. He didnt touch her from the past years. He is not interested with her. So he want to take divorce. But she is not interested to give. Now How can he get the divorce. They both are spoiled their lifes. Please help me in this regard. It is very helpful for him. He is not compromised to living with her.

Please help me.

Thank you



Learning

 17 Replies

Adv. Gulammayudin A. Gagdani (LEGAL ADVISOR)     08 June 2010

well then he can file divorce petition with the ground although staying together but do not have any married life. for further details kindly contact you local advocate

SHARAD CHANDRA DANEJ (Asstt. Manager)     09 June 2010

Dear Sweta,

 

For having a divorce legally, one has to have a solid ground. In this case, he simply does not want to live with her due to problem. So what are the problems? Are these problems are tenable in Court of Law? You say they havent had s*x for 2 years, it hardly matters. What is the root cause for not having s*x? Moreover, she is not ready to divorce. So now it is upto HIM to prove in court why does not he want to live with her. But again he has to have tenable grounds for divorce. Even if the court grant divorce (on husband strong plea), he will have to give her maintenance - because naturally she will ask for that. Its better for him to have an expert advice from a divorce lawyer.

 

S C DANEJ

swetha (Lecturer)     09 June 2010

Thanks for your reply Mr. Danej.

His problem : He is in love with another girl from the past 5 years. His parents was forcibly doing the marriage with all protections. thats why he is not interested for her. that is the main problem. Please send me the proper way to give the divorce.

If he havnt had s*x with her for long time, is there a way to give the divorce? Please tel me the proper way.

Thank you

swetha (Lecturer)     09 June 2010

Thanks for your reply Mr. Danej.

His problem : He is in love with another girl from the past 5 years. His parents was forcibly doing the marriage with an other girl with all protections. thats why he is not interested for her. that is the main problem. Please send me the proper way to give the divorce.

If he havnt had s*x with her for long time, is there any way to give the divorce? Please tel me the proper way.

Thank you

swetha (Lecturer)     09 June 2010

and one more think they both are mutually applied for divorce. In hereing day she didnt accept for divorce and case was postponed to another 3 months and this time also she told that she is not interested for divorce and case was postponed another 3 months. So it is continued... Please give me the best way to get the divorce.

Waseem (Junior advocate)     09 June 2010

hi,

 i think there is only an option before  him is to file a divorce petition before the honorable court and seek divorce on grounds that there is no love affection or any physical relation between them since 2yrs and also that the said marriage was done under the parents pressure. aslo that there are no further chance of clearing up the difference between him and his wife and and even if they stayed together for next 50yrs it would be just a burden on both's lif e.

make a petition in such manner convincing that, the said marriage is affecting himdue to whcih he metally disturbed because he was not intended to marry her and he was already interested in marrying  other lady with whom he is love for last 5 yrs. and this marriage is aslo spoiling the life of that lady whos is married to him as he is not able to give her that happiness, comfort and rights which a wife deserves.

the only option to get divorce is this and also he should agree to pay certain amount as maintenance which would show the court the he is sincerely caring for that lady who is married to her but just bcoz he is laready in love with a lady before marriage and had no intention to marry her but just under her family pressure he did.

But atlast as human once again think that the women whom he has married desreves the right of a wife and even to forceful marriage he is know his wife. so if he can try to settle with her without divorcing her would be the best way out.

swetha (Lecturer)     09 June 2010

Before they are applied mutual divorce, his family ready to pay the 25 L for her settlement. at that time she agree with that. hereing day suddenly she said i am not agree to give the divorce.

 Wat is next?

Arup (UNEMPLOYED)     09 June 2010

MR WASEEM'S ADVICE IS USELESS AND IMAGINARY.

YOU HAVE TO GO ON CRUELTY AND DSERTATION GROUND OF HMA, WHICH ARE LIKE THIS:

13. Divorce.

(1) Any marriage solemnized, whether before or after       the commencement of this Act, may, on a petition    presented by either the, husband or the wife, be dissolved by a decree of divorce on the ground that the other party -

 

(ia)  Has, after the solemnization of the marriage, treated   the petitioner with cruelty; or

(ib)  Has deserted the petitioner for a continuous period of not less than two years immediately preceding the    presentation of the petition.

Suchitra. S (Advocate)     10 June 2010

Swetha ji, why are you disclosing the facts of the case as if it is a suspense story ? It would be easier to reply you, if the facts are clear. It is as if you are testing the advisers. 

Waseem (Junior advocate)     10 June 2010

hi,

vith regard to wht mr.arup has told sir if u got through the facts as she has told. it would be very difficult to proof the ground of cruelty and desertion because neither the wif ehas deserted from him nor neither she has restrained herself from physical relation. the only solution is amicable settlement and i dont think sir court only goes by laws but there are morla grounds which r to considered specially in family matters. i this case all the 3 life are getting spoiled bcoz neither of them would be happy to go with the present circumstance.

and swetha wht i have suggested may be soemthign different but as it is u have no option and u cannot proof any flaws on her side better to look out for a settelment or try to convince the court.

swetha (Lecturer)     10 June 2010

Please send any more options in this regard. it is very helpful for him.  

swetha (Lecturer)     14 June 2010

Dear advisers,

Please Give me more suggestions to solve this problem. Please help me

Want Kid Back (Sr.Management)     14 June 2010

25 Lacs??? I think he is a fool. It would pay to spend 3 yrs in litigations and finish the matter in 2-3 lacs and get rid of her without paying her anything.

WKB

swetha (Lecturer)     15 June 2010

Dear advisors,

From the past 2 1/2 years to till now they both havn't in love and affection & Sex, they are living like a Machines.  How can they live together in future, She spoiled both of lives with cruel mentality .   Is there any way to get the divorce from his wife. Pelase help me in this regard. 

Your advise is valueble for him.

Thanking you,


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